Ex Parte Singleton - Page 4




          Appeal No. 2003-1119                                                        
          Application 09/756,588                                                      


          our review, we have made the determination that the examiner’s              
          above-noted rejections will be sustained. Our reasons follow.               


          Looking first to the rejection of claims 1 through 4 under                  
          35 U.S.C. § 102(b) as being anticipated by Meengs, we note that             
          independent claim 1 is directed to a sock comprising an inner               
          cuff; and foldable outer cuff. As noted by the examiner in both             
          the final rejection and the examiner’s answer, Meengs discloses a           
          sock (1) comprising a foot portion (2) and a leg portion (3),               
          wherein the leg portion includes an inner cuff (4) and an outer             
          cuff or guard sleeve (5). As can be seen in Figure 2 of Meengs              
          the inner cuff (4) is held against the wearer’s leg and operates            
          in the manner of a conventional sock, while the outer cuff or               
          guard sleeve (5) is adapted to be folded down over the top of the           
          wearer’s boot and boot laces.                                               


          In the brief (pages 4-5), while appellant has mentioned                     
          dependent claim 3, we note that appellant has made no argument or           
          comment directed specifically to independent claim 1 or dependent           
          claims 2 and 4. Since appellant has made no argument regarding              
          the examiner’s position with respect to independent claim 1, and            
          since we agree with the examiner’s assessment that claim 1 is               
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